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Gibbs Cattle Co. v. Bixler (20)

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Additional Case Names: 
WJT Skavdahl Land, LLC v. Elliott
Date: 
Wednesday, March 6, 2013

A-12-0687) Gibbs Cattle Co., a Nebraska Corporation v. Edna F. Bixler, et al. and Margaret Bixler and Edward Stephen Cassells (Appellants)

Sioux County, Judge Travis P. O’Gorman

Attorneys: John F. Simmons (Simmons Olsen Law Firm PC) (Appellants) --- Steven C. Smith (Smith Snyder & Petitt) (For Gibbs Cattle Co.)

Civil: Dormant mineral interests; action to terminate severed mineral interests pursuant to Neb. Rev. Stat. §§ 57-228 through 57-231.

Proceedings below: The court terminated appellants’ severed mineral interests. The parties field a joint petition to bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues (Cassells): The court erred in: 1. Holding that the amended complaint naming Mr. Cassells as a party related back to the date of the filing of the original complaint. 2. Failing to give Neb. Rev. Stat. § 25-201.02 a strict construction, that statute being in derogation of common law. 3. Finding that Neb. Rev. Stat. § 25-201.02 applies where a new party is added. 4. Concluding on a motion for summary judgment that the plaintiff s failure to originally name

Edward Stephen Cassells as a defendant was made with due diligence. 5. Concluding that Mr. Cassells' actual knowledge of the lawsuit is sufficient to permit the application of the relation back doctrine against him. 6. Determining that Mr. Cassells' severed mineral interest had been abandoned and in terminating and extinguishing it.

Issues (Margaret Bixler): The court erred in: l. Terminating the severed mineral interest, which had been owned by John H. Bixler as Margaret inherited the interest less than twenty-three years before suit was filed. 2. Failing to determine that Margaret Bixler was the record owner of the interest at the time suit was filed.

(Consolidated cases on appeal)

S-12-0688) WTJ Skavdahl Land, LLC, a Nebraska Limited Liability Company v. Sandra Elliott, Personal Representative, in the Matter of the Estate of Evelyn Elliott, Deceased, Sandra Elliott (Appellants) and Lynn Elliott et al.

Sioux County, Judge Travis P. O’Gorman

Attorneys: Steven C. Smith (Smith Snyder & Petitt) (WTJ Skavdahl Land LLC) --- john F. Simmons (Simmons Olsen Law Firm PC) (for Appellants Sandra Elliott, Trustee and Sandra Elliott)

Civil: Civil: Dormant mineral interests; action to terminate severed mineral interests pursuant to Neb. Rev. Stat. §§ 57-228 through 57-231.

Proceedings below: The court terminated appellants’ severed mineral interests.

Issues: The court erred in : 1. Terminating the severed mineral interest, which had been owned by Gertrude Evelyn Elliott where the severed mineral interest was inherited less than twenty-three years before suit was filed. 2. Failing to determine that Sandra Elliott, Trustee was the record owner at the time suit was filed.

 

This page was last modified on Thursday, March 7, 2013